Court junks estafa case vs businesswoman, 2 others
CEBU CITY, Philippines — A trial court here has junked one of the lawsuits lodged against a businesswoman and two other individuals accused of allegedly running an ‘investment scam.’
Branch 37 of the Lapu-Lapu City RTC dismissed an estafa case against Michelle Lim Go for lack of probable cause.
The decision was signed by Presiding Judge Ronald Caramba Tolentino, and promulgated on Feb. 27, 2023. A copy was also furnished to the press.
Portions of the seven-page decision stated that the financial arrangement between the two parties is “civil in nature” and that they found “no criminal liability under the penal laws that would arise from the issuance of checks which are intended as guarantees of repayment.”
“There cannot be any prosecution for estafa absent any substantial showing of a contracted obligation, and neither can there be any trial and conviction for estafa anchored on vague allegations, unsubstantiated premises, and unsupported conclusions of facts,” it added.
The court also declared the ex-parte motion for the issuance of a hold-departure against Go, also known as Michelle Lim Go-Chu, as moot and academic.
The case stemmed after a fellow businessman alleged that he lost around P150 million to Go in what his camp described as an investment scam.
Similar estafa charges were also filed against the three individuals before the RTCs in the cities of Mandaue, Naga, Danao, and Toledo.
While the cases lodged in the trial courts in Naga City and Danao City have been dismissed, the one in Toledo City is still being heard. A motion for reconsideration is also pending in Mandaue City.
On the other hand, Acting Presiding Judge Judilyn Tapia-Menchavez of Branch 59 of the Toledo City RTC recently denied the motion filed by the accusers of Go and the Baltonados that would have reversed the judiciary’s decision to recall the arrest warrants it issued against the latter.
It can be remembered that last January, the Toledo City RTC ordered the arrest of the three accused. Last Feb. 14, they recalled the warrants of arrest for Go and the Baltonado couple.
The complainant’s motion for reconsideration over the court’s decision on Feb. 14 was denied ‘due to lack of merit.’ Copies of the four-page resolution were also sent to members of the media.
For their part, Go’s camp welcomed the decision of the Lapu-Lapu City RTC and that of the Toledo City RTC.
The plaintiff’s camp, represented by lawyer Francisco Amit Jr., said they the recent outcomes were ‘very alarming’. Amit said their party would not back down, and would be taking further legal actions.
“For the case in Lapu-Lapu City, we will be filing a motion for reconsideration. For Toledo City, we will also file certiorari under Rule 65 of the Court of Appeals,” Amit told CDN Digital in a text message in Cebuano.
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